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Articles Posted in Appellate Court Rulings

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How Police Procedural TV Shows May Impact Your Maryland Criminal Case

Television has a major impact on how many people view the world, including the world of criminal justice. Of course, police procedural TV shows represent creative minds’ artistic interpretation of a crime scene investigation, a police interrogation, or a criminal trial. While that’s true, there still may be opportunities to…

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Getting Potentially Incriminating Evidence Seized as a Result of a Warrantless Search Thrown out in Your Criminal Case in Maryland

Events from outside Maryland have once again placed into the national spotlight the issues of police stops of citizens and the bases the police use for initiating an encounter with someone. One important thing to know is that, in this state, the police must have a legitimate basis for stopping…

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What the ‘Community Caretaking’ Exception Is and How You Can Overcome Its Attempted Use by Prosecutors in Your Maryland Criminal Case

When you are on trial for drug crimes or weapons charges, there’s a realistic chance that the primary evidence the state intends to use against you was obtained by a police search conducted without a warrant. The state will inevitably attempt to argue that the evidence is admissible under one…

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How Misconduct By the Police Who Arrested You May Get Your Maryland Conviction Vacated, Even if the Misconduct Was Unrelated to Your Case

There are actually several different ways that your Maryland criminal conviction can be tossed and, believe it or not, some of them may start with an action taken by prosecutors. Sometimes, after you’ve been tried and sentenced, prosecutors may discover evidence that has a clear connection to you and is…

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Maryland’s Highest Court Agrees that a Man Caught in a ‘Light Rail Fare Sweep’ Had His Fourth Amendment Rights Violated

One of the most invasive incursions the state can make against its citizens is to breach the citizens’ right to be “secure in their persons, houses, papers and effects.” It is this invasive nature that led the Founding Fathers to address the topic within the Bill of Rights, banning unreasonable…

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The Multiple Ways in Which You Can Overcome a ‘Firearm Possession’ Charge in Maryland

Details matter in a criminal case, and, sometimes, even seemingly minor or trivial details may matter A LOT. Something else that matters a great deal in defending against criminal charges is pursuing all the potential areas in which you can attack the charges. That’s where having a skilled Maryland criminal…

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A 2020 Court of Appeals Decision Changes the Landscape of Voir Dire in Maryland Criminal Trials… and Indirectly Shows Why Good Defense Counsel Matters So Much in These Cases

On your favorite police-and-prosecutors procedural, you may encounter an episode where one of the attorneys intones dramatically that a particular outcome in a certain case could impact thousands of cases and lead to the reversal of hundreds of convictions. Real-life is often less dramatic. Occasionally, though, a real-life case comes…

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How a Civil Lawsuit About Lead Paint Exposure Could Have a Major Impact on Your Criminal Case in Maryland

Back in September, the Maryland Court of Appeals made a very important ruling. Unless you read legal publications, you probably haven’t heard about it, as it didn’t make the major newspapers. The case wasn’t a big reversal of an accused person’s major conviction. In fact, it wasn’t even a criminal…

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The High Degree of Value Favorable Character Evidence Can Have as Part of Your Criminal Trial Defense in Maryland

Being falsely accused of a sex crime can be an enormously terrifying experience, especially if the alleged victim was a child. There can be many reasons why this might happen, from a vindictive ex-spouse seeking to gain an advantage in family court to an over-zealous therapist suggesting a repressed memory…

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Getting that Gun the Police Found in an Illegal Search and Seizure Excluded from Your Maryland Criminal Trial

Law enforcement officers may stop your moving vehicle or approach your parked vehicle for a variety of reasons. While many of those reasons are legal and appropriate, sometimes they’re not. When you’re involved in an illegal search and seizure and that encounter ends with your arrest, then the law says…

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